Terms and Conditions
The Legal Upswing:
I (Diomira Rose D’Agostino) run this site and would love for you to use it. This site, blog and related services are designed to educate and assist you in awakening your sacred purpose, transforming your everyday life into one filled with joy, and healing your relationship with Mother Earth and the nature kingdom, and we encourage you to express yourself freely. However, be responsible in what you write, and please be respectful. Being critical is fine, but rudeness and personal attacks are not. In particular, make sure that none of the prohibited items listed below appear in your writing or what you link to (things like spam, viruses, or hate content).
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. The Website is available only to individuals who are at least 16 years old.
Responsibility of Contributors:
If you comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your posts are not named in a manner that misleads readers into thinking that you are another person or company. For example, the URL you use in your posts is not the name of a person other than yourself or company other than your own.
Without limiting any of those representations or warranties, Faery Light LLC has the right (though not the obligation) to, in Faery Light LLC’s sole discretion (i) refuse or remove any content that, in Faery Light LLC’s reasonable opinion, violates any Faery Light LLC policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Faery Light LLC’s sole discretion. Faery Light LLC will have no obligation to provide a refund of any amounts previously paid.
Cancellation for the Soul Awakening, Magical Life Mastery and Faery Light program:
Everyone here at Faery Light LLC is 100% committed to you awakening your purpose and your spiritual healing and transformation. We know our program is the best on the market and it works.
Faery Light LLC has no obligation to refund your monies. Cancellation can be done by emailing firstname.lastname@example.org.
No Professional Advice Disclaimer:
The information contained in or made available through this website (including but not limited to information contained on blog posts, in text files, videos, or in teleclasses) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Site. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
We appreciate your utilization of our mentorship program, online programs, spiritual healing programs and services, coaching programs, retreats, videos, teleclasses, newsletters and/or other content, and so we’ve taken every effort to ensure we accurately represent our events, classes, journeys, retreats and teleclasses, and their potential to help you grow spirituality, personally and in your business. However, there is no guarantee that you will earn any money using such techniques, reach enlightenment, change your mental status, heal a terminal illness, or change anything in your life. Nothing on our website is a promise or guarantee of such changes. Your level of success in attaining similar results is dependent upon a number of factors including your skill, knowledge, ability, dedication, self-honesty, patience, openness, and tenacity. Because these factors differ according to individuals, we cannot guarantee your success. You alone are responsible for your actions and results in life and business. Any forward-looking statements outlined on our website are simply our opinion and thus are not guarantees or promises for actual outcomes. No guarantees are made that you will achieve any results from our ideas or models presented on our website, and we offer no professional legal, medical, psychological or financial advice.
The personal experiences by user comments and testimonials on our website are not a guarantee of what you should expect to experience. Although Faery Light LLC and/or its affiliates, facilitators, companies and representatives accepts all testimonials in good faith, Faery Light LLC and/or its affiliates, facilitators, companies and representatives have not independently examined the specific personal results of any of our courses, coaching programs, journeys, retreats, teleclasses and video participants, and therefore has not verified the any specific experiences, improvements, changes or results quoted therein. These results may or may not be typical, and your results or experiences, if any, will vary and there is a risk that you will not make any changes at all, or experience what you believe you should experience. Again, whatever changes in your life that you make as a result of our courses, coaching programs,meditations, journeys, retreats, teleclasses, and videos is totally up to you based on the factors stated in the Guarantees Disclaimer above.
Email and Other Electronic Communications:
Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
Use of Communication Services:
The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized the Company spokespersons, and their views do not necessarily reflect those of the Company.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Responsibility of Website Visitors:
Faery Light LLC has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Faery Light LLC disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites:
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which www.faerylight.com or www.diomirarose.com links. Faery Light LLC does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to another website or webpage, Faery Light LLC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Faery Light LLC disclaims any responsibility for any harm resulting from your use of non www.faerylight.com or www.diomirarose.com websites and webpages.
Copyright Infringement and DMCA Policy:
As Faery Light LLC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by www.faerylight.com or www.diomirarose.com violates your copyright, you are encouraged to notify Faery Light LLC in accordance with Faery Light LLC’s Digital Millennium Copyright Act (“DMCA”) Policy. Faery Light LLC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Faery Light LLC will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Faery Light LLC or others. In the case of such termination, Faery Light LLC will have no obligation to provide a refund of any amounts previously paid to Faery Light LLC.
The www.faerylight.com site and www.diomirarose.com and its original content, features and functionality are owned by Faery Light LLC. and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Faery Light LLC or third-party trademarks.
Use of Templates and Forms:
The Company provides various templates and/or forms for download and/or sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use.
By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
Faery Light LLC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Faery Light LLC may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. The latest change: June 5th, 2017.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Accessing the Website and Account Security:
We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Disclaimer of Warranties:
The Website is provided “as is”. Faery Light LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Faery Light LLC nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability:
In no event will Faery Light LLC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Faery Light LLC under this agreement during the twelve (12) month period prior to the cause of action. Faery Light LLC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty:
You agree to indemnify and hold harmless Faery Light LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Faery Light LLC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Faery Light LLC, or by the posting by Faery Light LLC of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Virginia, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Charlottesville, Virginia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Charlottesville, Virginia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Faery Light LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Thank you so much to the good folks at Automattic (responsible for great creations like WordPress.com), who have made their more comprehensive Terms of Service available under a Creative Commons Sharealike license, which means that you can borrow some or all of their wording for your own Terms of Service. That’s exactly what we did.